Santa Fe New Mexican

Eldorado: Where chickens, cisterns spur controvers­y

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Oh, Eldorado — the place where backyard chickens once were considered illegal and where ground-based solar panels became grounds for a court case.

The latest? Homeowners are being hounded because water cisterns that catch precious rainwater are visible above ground.

Now, folks who move to Eldorado likely see a homeowners’ associatio­n as a plus. Buyers often like HOAs, viewing them as a way to help keep property values high, maintain appearance­s and preserve neighborho­ods. Other HOA residents simply pay their dues and don’t pay much attention. But rules can be pesky and confusing, especially when a so-called code enforcer is on the prowl.

The “rule” being violated apparently forbids above-ground water cisterns over a certain size unless they are covered by a fence or behind trees.

Marc Bedner and Rosemary Lowe have two 260-gallon water tanks at their home in Eldorado, replacing 50-gallon barrels that didn’t save enough rainfall.

The two tanks don’t violate covenants — Bedner checked — but they apparently go against 1990s-era architectu­ral guidelines limiting the size of water tanks and requiring them to match house color and be shielded from view.

Evidently, they weren’t too obtrusive — Bedner and Lowe have been using them for the past five years.

So why is the violation being reported now?

HOAMCO — an Arizona-based management company that runs Eldorado — has employed a code enforcer who apparently seeks out violators. As a result, Bedner and Lowe say they are being told to hide the tanks or remove them.

The Eldorado Community Improvemen­t Associatio­n actually was open to compromise — the local board was amenable to the couple simply painting the cisterns to match the house. But the code enforcer doesn’t want to compromise, insisting on a barrier with plants or a fence.

It would all be amusing, except these are the kinds of issues that never really die, especially in Eldorado.

The code enforcer says the rules aren’t that stringent — after all, at Las Campanas, the rules require all water storage tanks to be buried. That’s a much more expensive option that above-ground barrels or cisterns.

But Eldorado isn’t Las Campanas. For one thing, the median home price of a Las Campanas home is about $2.2 million, compared to median home prices in Eldorado at $729,000.

Eldorado also has a proud history of promoting conservati­on — whether in pioneering solar energy in its early days, or now, saving water.

What happens next is unknown, but it’s a situation ripe for compromise.

It doesn’t seem outrageous to simply let the couple paint their cisterns and move on to the next violation. If that’s not enough of a cure, form a committee to review architectu­ral guidelines. Strike any that make it too expensive or burdensome to conserve water.

The overarchin­g point is this: Save water, by any means necessary.

And remember this: The war over whether chickens are pets or livestock stretched over several years, with the Eldorado Community Improvemen­t Associatio­n suing (and losing) in an attempt to ban the hens. Similarly, courts ruled that in-ground solar panels were acceptable. Now comes the fuss over cisterns designed to catch water in a parched land. Marc Bedner and Rosemary Lowe deserve a good neighbor award, not this aggravatio­n. Oh, Eldorado.

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